People v. Castino

Defendant was convicted, after bench trial, of DUI for driving with heroin in his breath, blood, or urine. There was ample circumstantial evidence to support conviction; he showed signs of recent drug use in that he had fresh track marks on his arms and swollen arms and hands. His eyes were red and his pupils were constricted, and he had white powder and blood in his nose. The passenger threw out drug paraphernalia and had drugs on her person. Defendant admitted that he used heroin, including that he had done so earlier that morning, and drove abnormally slow and drifted between lanes, and had difficulty with some of the field sobriety tests. (BIRKETT and HUTCHINSON, concurring.)